Ex parte Birmingham Realty Co.
Supreme Court of Alabama
Certiorari to. Court of Appeals. Certiorari by the Birmingham Realty Company to review the opinion in the Court of Appeals in the case of .the Birmingham Realty Company against R. E. Thomason (8 Ala. App. 535, 63 South. 65). The Court of Appeals affirmed the judgment of the trial court in this case, and the appellant seeks by writ of certiorari to review that decision.
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Certiorari to. Court of Appeals. Certiorari by the Birmingham Realty Company to review the opinion in the Court of Appeals in the case of .the Birmingham Realty Company against R. E. Thomason (8 Ala. App. 535, 63 South. 65). The Court of Appeals affirmed the judgment of the trial court in this case, and the appellant seeks by writ of certiorari to review that decision. It is complained that under the decisions of this court-the Court of Appeals erred in holding the overruling of defendant’s demurrer to the second count of the complaint to be without injury, and also for its failure to give…
1Opinion of the CourtSomerville, J.
— The law of liability for injury resulting from blasting on one’s own premises is Avell settled.
1. Where the plaintiff is injured while lawfully on the defendant’s premises, liability depends upon some proximate negligence on the part of the defendant.— Sloss-Sheffield, etc., Co. v. Salser, 158 Ala. 511, 48 South. 374; Birmingham, O. & M. Co. v. Grover, 159 Ala. 276, 48 South. 682.
2. For the ordinary discomforts and injurious effects attendant upon the defendant’s lawful operations on his oavji premises, not constituting a legal nuisance, there is no liability to an adjoining or neighboring…
2Cases cited9 opinions
- City Delivery Co. v. HenrySupreme Court of Alabama · 1903
- Bessemer Coal, Iron & Land Co. v. DoakSupreme Court of Alabama · 1907
- Williams v. GibsonSupreme Court of Alabama · 1887
- Hooper v. Dora Coal Mining Co.Supreme Court of Alabama · 1891
- Birmingham Ore & Mining Co. v. GroverSupreme Court of Alabama · 1909
4 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Roan v. SmithSupreme Court of Alabama · 1961
- Exner v. Sherman Power Const. Co.Court of Appeals for the Second Circuit · 1931
- Roan v. McCalebSupreme Court of Alabama · 1955
- Harper v. Regency Development Co., Inc.Supreme Court of Alabama · 1981
- Howton v. MathiasSupreme Court of Alabama · 1916
15 more not listed; retrieve them via the Exa API.